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can he be questioned before the public safety runs out, most say 48 hours. once under miranda he is under no obligation to cooperate with authorities. >> remember the number one goal right here is to get inside his head and get whatever intelligence he has with any operatives in the united states to protect the homeland and protect americans inside the united states. >> reporter: speaking this morning on fox news, former u.s. attorney general alberto gonzales suggested being mirandized will not necessarily close off the flow of information from tsnaraev. >> we have something we can give him which is his life. for example, taking the death penalty off the i believe at that. there is possible some kind of deal would be made where he provides information and in exchange for that the government gives him some kind of a plea agreement. >> reporter: gonzalez suspects what may be happening now is in the obama administration is a quote, interagency scrum where some are pushing for a quick mirandizing. others may be advocating a delay so as much information as possible can be garnered, ma
reading him miranda rights. what does that mean for any information they might be getting? >> well, it's very important to the people -- we've been talking a lot about miranda and i think it's important for people to understand what it does and doesn't mean. if you are questioned without your miranda rights, all that means is that the statements you make cannot be used against you in a criminal court. they can be used against other people. they can be used as leads to other inquiries. and you can still be prosecuted with lots of other evidence. all it means is that those statements cannot be used against you. from what it certainly appears there is lots of other evidence against this fellow. so the fact that the government might be giving up the chance to use some of it is not much of a sacrifice on the part of the government. >> he also at this point could indicate he wants an attorney and doesn't want to answer any questions, correct? >> absolutely. even when someone doesn't get miranda rights, the statements still have to be voluntary. he can't be tortured. he can't be waterboarded.
not been given his miranda warnings. and there's a lot of discussion about the legal avenues that might be taken. but, evyenia, as an interroga r interrogator, how much do you care about the legal discussions going on and does that effect how you go about your job? >> yes, the legal aspect is very, very important. that comes from levels above you. so if the law does allow you to not ask those miranda rights, you can proceed. but you cannot make up the rules as you go. if you do not follow the law, if you do deviate from it, the things you do could cost the case ultimately. any confession you could get could be thrown out or dismissed or anything like that. you want to make sure that you do follow the law even though you may feel otherwise, we have to be careful. >> all right. an experienced interrogator, thank you so much for joining us. appreciate it. >> thank you. >> we have some good news for all that flooding out west. we'll tell you what it is, your weather forecast coming up. hey! did you know that honey nut cheerios has oats that can help lower cholesterol? and it tastes good? s
's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still uncertain whether zocor and his brother tamerlan who died in a shoot-out on friday with police have any ties to fore te union issued a statement saying we must not waver from our tried and true justice system even in the most difficult of times. denial of rights is un-american and will only make it harder to obtain fair convictions. some liberal lawmakers agree and said they would be comfortable with tsarnaev being designated as an enemy combatant. >> i don't believe. it would beunconstitutional to >> it carries its own risk especially if that suspect is an american citizen. it could be challenged in court and that
and lucid enough to get his miranda rights read to him, also thoughts he shot himself through the neck, that's been really brought into question now, as an eyewitness there to help take him down, looks like a cut or maybe something exploded, a shrapnel cut, those that the boston marathon, those that suffered during the explosion. he said i'm motivated by religion, that religion being islamic extremism or islam. he went on to say i have no outside ties. i'm not part of a larger group. isn't that convenient. >>steve: both brothers went to a mosque in cambridge. it was the older brother. clearly the younger brother was following the older brother in life in so many different ways. we told you a little bit yesterday about some of the outbursts the older brother had at the mosque in cambridge. for instance, back in november where they were talking about it was okay for muslims to celebrate american holidays like thanksgiving and the 4th of july and tamerlan, the older brother, stood up and argued. then in january there was a praise for martin luther king jr. and he got up and called someone a hyp
ginnis in boston. thank you, susan. >>> for now federal officials have decided not to read tsarnaev his miranda rights. miranda rights inform criminals of their right to remain silent and their right to an attorney. this is allowed on a limited basis when the public may be in immediate danger, and there are those like senator lindsey graham who say tsarnaev should be consideredn enemy combatant so he can waive his right. others disagree. >> there's plenty of evidence. they don't need it to get him into a trial. i don't think we have to cross the line and say he's an enemy combatant which could be challenged in court. one circuit rules one way, one rules the other way. >> we should reserve the right to look at him as an enemy combatant and continue to look for evidence and if we find evidence and go to him as chuck says and gather intelligence. >> now the suspect's mother says tamer lan was contacted by fbi. the fbi says that is not true but the fbi did interview him in 2011 at the request of the russian government. officials are focusing on a trip he made to russia in 2012. sky news's katie sta
. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his heart and who is close to heart andse the leverage. misrepresent the facts, they will be arrested. >> gregg: the supreme court has said so. >> one thousand percent. this is the perfect scenario. all the leverage is on the side of the investigators. he has no idea. he is 19. he is dumb as rocks. he failed six out of seven classes in college. he forgott surveillance video existed in america by the bombing on monday. he is naive and impressionable. they can get to i am. >> gregg: you want to look at all electronic communications and personal property and his car. anybody he might have communicated with. >> it's ong
with the questions out receiving miranda warnings but the only downside is that his statements may not be used against him at trial. this is not much of a risk when you consider the other available evidence including photo images of him at the scene of the bombings and his own reported confession to the victim whose car he helped hijack during the last week's terror in boston. . but if your concern is over the larger threat in who the tsarnaev brothers were and are, what they did and what they represent, then worry a lot. for starters, you you can worry about how the high-value intergage group or h.i.g., will do its work. that unit was finally put in place by the f.b.i. after so-called underwear bomber tried to blow up the airplane in which he was traveling as it flew over detroit on christmas day, 2009. and was advise of his mir and da rights. the c.i.a. interrogation program that might have handleled the interview had by then been dismantled by president obama. at the behest of such muslim brotherhood affiliated groups as the council on american islamic relations, and the islamic society of
. >> and dan, how much longer can this questioning go on without reading the suspect his miranda rights? apparently, it hasn't happened yet. >> they're calling it the public safety exception. unclear how long they're allowed to do it. in past cases, like the underwear bomber, they questioned him for about 50 minutes and a court determined that was okay without a miranda warning. the further the time is away from the incident itself, the more perilous it is constitutionally. at some point, it doesn't matter. he challenges it later on, the court says, you shouldn't have done it. you shouldn't have questioned without his miranda. what happens then? that means, they throw out his statement. so what? they don't need his statement in connection. >> they have all the other evidence. >> this is about getting intelligence from him. not a statement they can use in court. >> and these charges expected to be filed. almost certain to face the death penalty. >> it will be a death-eligible charge for sure. a decision made later to seek the death penalty. the use of a weapon of mass destruction would b
understand he has not been read his miranda rights, even if he can talk. what's the latest from the hospital? >> the latest official word from the hospital and through the f.b.i., the official channels releasing information is he's in serious condition and within the last 24 hours, that he's also in stable condition. so he is under the care of the physician here, clearly under heavy guard. we know he was shot in the throat because senator in the select intelligence committee has also given that information out. but that's really what we know for certain at this point in time. >> gretchen: there is this report this morning that maybe that throat wound was from an attempted suicide when the police were closing in on him, as you can see from the thermal imings of him in the boat friday night. what have you heard about that? >> well, that information doesn't come from the positions here -- physicians that are treating him and would have the closest eye view of his wounds. they're keeping all of his information to themselves as they're required to do by law and the f.b.i. not releasing that throu
are told he had not been given his miranda rights. do you have any sense of whether he has this morning or how soon it will be before he does receive them? >> the -- the decision not to read miranda rights was made by the federal officials. this is a unique clause to the terrorism law that we've not dealt with at the local level before. so, we are standing by and watching that at this point in time to see how that develops. but, the lawyers are involved in the decision, and certainly we're very anxious to talk to him, and the investigators will be doing that as soon as possible. >> commissioner over the weekend i heard you say you believe you found evidence your offices did you believe that these brothers were planning some kind of another attack, or at least prepared for it. tell us about that. >> the two suspects were armed with handguns at the scene of the shoot-out. and there were multiple explosive devices, including a large one that was similar to the pressure cooker device that was found on boylston street. i saw that with my own eyes. i believe that the only reason that someone
without being given his miranda rights as a matter of public tors are looking overseas for answers specifically want to know more about the older tsarnaev, the brother, who recently went to russia and how that might have changed him. abc reporter is in dagestan where the family has roots. >> reporter: last year, tamerlan tsarnaev traveled here to his old home in a region home to an islamist uprising. investigators want to learn if it was during that trip he became radicalized. family who saw him then, told us they saw no signs of extremism. there was no feeling that he could be, his aunt said, it's not possible. she showed us photos of the suspects as young boys. they were very kind boys, she says. tamerlan came here to renew his passport. the aunt says he stayed to train as a boxer. she said he prayed at the mosque on fridays but denied they fought over religion. we would debate with him. but not fighting. tamerlan spent six months and visited chechnya three times to visit family and also choosing to fly home from the chechen capital. younger brother, dzhokhar was expected to visi
. anytime we question him about his guilt or innocence, he is entitled to his miranda rights and a lawyer. to gathere the right intelligence from enemy combatants and a citizen can be an enemy combatant. host: the question we want to hear from you on its should the ballston bomber designated as an enemy combatant? screen.ers are on your chuck want to play inyou schumer, a democrat, responding to lindsey graham yesterday. [video clip] >> i think the good news is we don't need enemy combatants to get all the information we need out of him. the court that has ruled has allowed a lot of flexibility in the public safety exception before you mirandize someone. anytime there's a high value interrogation group, composed of the fbi, cia, and anyone else can question him without a lawyer in a secure situation and find out whatever they need, that can be used against him in a trial, but there's plenty of evidence. they don't need his confession. so i don't think we have to cross the line and say he should be an enemy combatant, which could be challenged in court. getting comments on our facebook pag
the 19-year-old his miranda rules. there is a right for his to remain silent and right to attorney if there is a continued threat to public safety. the aclu says that the public safety exception should be read narrowly and denying the rights is un-american. professor from uc berkeley says that the first questions that are posed will have to do with with the motive. >> first psychologically, and some wayward nut like columbine or some of the school shooters have been or what are the linkages, and what is this guy -- who has he been linked up to? >> most experts think that the case will be tried in federal court, and pros ecutors will mot likely charge him with use of weapons of mass destruction which could make the case eligible for capital punishment. coming up at 6:00 on the bay, thousands of runners are taking to the streets in london for a marathon and the first since monday's attacks. we will look at the security measures and how the runners are honoring the boston victims. >>> and scary moment as the body of a racecar goes flying into the stands. what officials say caused the
terrorism suspects without reading them miranda rights. the rule was created to question terrorists about other potential threats. senator carl leven says so far there's no connection between the suspect and terrorist groups. leven said to hold him under these circumstances would be contrary to our laws and jeopardize our effort to prosecute him. during interviews before suspects are read their rights is often not admissible during the trial. the issue on miranda rights is further complicated because the u.s. is a u.s. citizen. many of the rules cannot be used on americans. live in the newsroom, katie utehs. ktvu news. >>> people are in texas are being allowed in their homes. curfew is still in effect and there is limited water and electricity. many are still trying to learn the condition of family and friends hurt in the explosion. >> it's really hectic, but we are patient because we know the extent of damage on the other side. and we got friends and family that we don't know about over there. >> 14 people died in the fertilizer plant explosion, including 11 emergency responders. 200 m
they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly when you're concerned about public safety issues as the investigators certainly were as a result of the horrific acts that the bombing suspects, the bombing defendants who are h are accused of. bill: this is a guy to lived here more than ten years. came here 2002 if memory serves. your case with richard reid he was far from an american citizen, he was far from even making a home here. what have we done in 12 years? make sure that the prosecutions can be successful? >> i would suggest that we should be using all the tools that both the united states supreme court has indicated are available in order to keep america safe, and all
Search Results 0 to 15 of about 16

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